Forfeiture by Wrongdoing: A Panacea for Victimless Domestic Violence Prosecutions

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King-Ries, Andrew
Issue Date
2006
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Journal Article
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INTRODUCTION|The United States Supreme Court's decision in Crawford v. Washington dramatically impacted the domestic violence community. In Crawford, the Court reasserted the supremacy of the Confrontation Clause over the evidentiary rules pertaining to hearsay. In addition, the Court established the rule that testimonial hearsay statements of witnesses will only be admissible if subjected to the opportunity for cross-examination. The Crawford decision has the potential to destroy prosecutors' abilities to use victimless domestic violence prosecutions to combat domestic violence. Of recent vintage, victimless prosecution is a highly effective tool against domestic violence, precisely because a victim's statements, admitted through hearsay exceptions, allow the State to proceed even when the victim is unable to participate in the prosecution...
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39 Creighton L. Rev. 441 (2005-2006)
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Creighton University School of Law
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